Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-11-11


is also the proposition upon which the |
general demurrer to the petition Is sought |
TO be sustained. Held: It Ii sufficient |
for the purposes of this case to say that |
the proposition might be true, and yet |
the plaintiffs are entitled to recover under |
the allegations of their petition and evil i
dence In the case. II appellant made the |
promise set forth in the petition and |
thereby obtained from appellees an abso- |
Lutte deed to their property, he was bound (
by it and it could be enforced against |
him. His obligation to pay the money |
according to promise was none the less |
binding because thst promise did not
give the persons to whom 1t was made q
parel trust in the land. contract can
exist without trust in its subject mat
ter, ard may be enforced though
the liability of the promiser
does not arise until he
makes sale of property belonging abso-
lutely to himself While the evidence is
somewhat conflicting, there is ample evil
dence to sustain the Judgment CT the
court below. We hnd no reversible err
ror. Affirmed. Willie, CD.
S. D. Steedman ct al. vs. Merchants and
Planters Bank; appeal from Grayson.
Suit by appellee against appellants to re-
cover on promissorY note. Appellants
pleaded in abatement to the effect that
the banks charter had expired before the
commencement of the suit, and hence 1t
was improperly brought by the plaintiff,
and set forth facts upon which they relied
TO support the truth Of the plea. A de-
murrer to this plea was sustained and
the case went to trial on the
general denial Of appellants. Yer
dict and judgment for eppelleea.
Appellants assign as error the everything
of the plea in abatement. The Oank
was originally Incorporated under the
statute of 1871, which empowered every
corporation to have succession by its cor
por&te name for the period named in It's
charter, and when no period was men
toned for the space Of twenty years,
The act Of 1874, in force when the
amended charter was filed, provides upon
this subject in the following language,
found in the 1lth section: Every cor
poration as such has power; first, to have
succession by its corporate name, for the
period limited, for twenty years The
same act provided for an amendment 10
the charters of corporations formed under
the act, and further declared SO follows in
the 10tn section: mo amendments or
changes Violative OF the constitution or
laws of this state, or of this act. Shall
be of any force or ef3ct." The
theory Of the plea in abatement
is that the amended charter having
authoriz I'd the bank to have succession
for more than twenty years, was in viola
ton of the act of 1874 and therefore of 70
effect. That this left the original charter
in force for the ten years limited, and that
having expired before this suit was COM
menced, the bank had no right to MAIN
ccin the seton. Held: The language OF
the eleventh section TO which we have re-
terred is obscure, and we must resort to
construction to arrive st the meaning Of
the Legislature. We think that the
eleventh section should read IS if il said
that q corporation shall "haVe success sion
bv its corporate name for the period lirni
ted in its charter" for twenty years. The
first clause of this sentence bee ONES
thereby very Ineligible. What f ct has
the addition of the words "for twenty
years" upon its meaning? Do these
words restrict the generality Of
the first part Of the sentence
so as to prohibit corporations from
providing in their charters for en- exist
ence of more than twenty years? |
would require the insertion Of quite &
number Of words, without any reason TO
50 doing, and the striking out OF the wore
"Sor" to give it that meaning. In lieu o
''for twenty years." We should have t
read, fiif not more than twenty years." o.
: words to that effect. This would b.
to put words into the mouth Of the Legis
lature which we hsve no reason to sup
pose they intended to use. 1t is cer5ainl.
against the uniform policy OF the state t.
limit the life OF q corporation to so shor
period Of time, when q longer period o
existence was provided for in It's charter
We think there is nothing In the act O
= 1874 that shows an intent to change th'
previous provisions of the act Of 1871, al
: LOVING corporations to exist beyond th
period of twenty years, should they 8
4 state in their charters. No error. Al
2 frmed Willie, G. J.
State Of Texas ex rel. vs.. R. B. Coed
win ct al; appeal from Van Zandt. Thl
d is proceeding by quo warranto to qucs
iiop and have 2djudicsted the right Of th
respondents to exercise the powers {
e mayor, aldermen and marshsl OF tie Cit
] of Wills Point. There are two grouDC
I on which the petition questions the!
J right: First, because the said city di
e not possess q pOpulatlon CT 1UUU 81 u
D time of Incorporation as re quired by law
= and second, that respondents were NJ
I elected Ct an election ordered By comps
e tent authority. It is admitted that tt
n county Judge ordered the election to O.
d termlne the question of incorporation
: that all the proceedings were regula
l. but that there did not resiC
It within the limits proposed to be incor
e porated the 1000 population as require
IS oy statute. Held: The county juds
q found that there was within the conIem
/. plated Incorporation 1000 population, sr
no provision is made fo- the revision {
1t his finding as to the population residir
9 within the designated boundaries. TT
.e petition alleges that an election WI
= ordered and held soon sitter this act
f Incorporation; that certsin persons wei
n elected to the several Offices now held
= respondents, and that the officers TIL
fe elected. other than the marshal, orders
a sn election in March, 1885. folIthe elecut
ut of muncpsl officers, and that certai
% persons were then elected to the sever
p offices; that during the time the Ia
id named officers were holding their ofllc'
of the county Judge declkred the Oftic